The ruling will follow as soon as possible, within a few days after the district court has received the action by application. The decision will be sent to your lawyer.
Action granted
In your intellectual property case, the judge will only grant your action by application if they find that there is not enough time to hear the other party. If the judge grants the action by application, they can:
- ban the other party from producing and/or selling the infringing articles (ex parte prohibition); the judge will only do this if the situation is extremely time-sensitive and the judge has come to the provisional view that there is an infringement;
- allow you to seize the administrative records or infringing articles (seizure of evidence);
- grant you permission to take a small part of the articles (sampling).
A bailiff must hand over (serve) the decision on the other party.
Action rejected
If the judge finds that there is enough time to hear the other party, they will reject the action by application. In this case, you must initiate interim proceedings or extended proceedings (proceedings on the merits), in which the other party will be heard. You can read the exact reason for the rejection in the written decision.
Do you disagree with the ruling?
Appeal
Has the court rejected your application regarding the infringement of your intellectual property, and you disagree with this position? Then you can appeal against this.
Lifting of a measure
Has the application been granted and, as the other party, do you disagree with it? Then you can apply to the court to lift the measure. You do this by launching interim proceedings before the same court. You must engage a lawyer for this procedure.
